10 Key Topics for Green Code Compliance
Introduction
Many state and local governments are requiring the built
environment to become "greener." Cities and counties are implementing
requirements at the local level to increase energy efficiency and require
greater sustainability in buildings.
- The District of Columbia (DC) adopted green building and
energy benchmarking legislation, and conducting a second round of a
"stricter green" building code.
- New York City adopted a Greener, Greater Buildings Plan requiring
building energy ratings and annual disclosure for larger buildings, energy
audits including meeting the New York City Energy Code.
- San Francisco and Los Angeles have adopted green building
ordinances imposing requirements for water and energy conservation, as well as
waste reduction.
- January 1, 2011 California implemented its’ state-wide green
buildings code known as "CalGreen" requiring a 20%
reduction in water usage, recycling of 50% of construction waste and the use of
low-emissions paint, carpets. The law requires the inspection of all heating,
air conditioning and other mechanical systems in all non-residential buildings
over 10,000 square feet.
- Forty (40) California cities have enacted their own mandatory
green building ordinances with varying degrees of requirements, many stricter than the
mandatory measures of CalGreen.
Independent Third Party Rating Programs
Adding to the mix, municipalities across the United States have
implemented green building requirements using independent third party green rating
systems such as LEED and GreenPoints. California also uses the California Green
Builder Program developed by the California Building Industry Association’s
Building Industry. Several cities and counties have developed their own
alternative green programs using rating systems, independent guidelines and
checklists. In 2009, the International Code Council launched the development of
a new International Green Construction Code (IGCC) stating a commitment to
developing a model code focused on new and existing commercial buildings
addressing green building design and performance.
Key Topics
There are numerous programs and requirements related to
sustainable buildings. The following are 10 key topics regarding green buildings and code compliance. Based on the most restrictive state-wide program
implemented in California, CalGreen; that code will be used as a primary
example of compliance issues, concerns and recommendations. Even if you don’t
live in California, similar requirements are most likely heading your way. It seems
when something occurs in California, it eventually makes its way across the
country.
1. Avoid the Moving Green Target
As state sustainable requirements are implemented, it is
extremely important to identify the minimum requirements as the first step.
Project owners may be interested in heightening green standards using state voluntary
codes or third party programs such as LEED or GreenPoints. Having upfront
discussions documenting project objectives is essential. Identify mandatory
requirements and/or enhanced sustainable objectives at the time of signing the
contract is extremely important. Great care is needed identifying effective dates of future sustainable
requirements. For example; certain Water Efficiency and Conservation requirements
of the CalGreen Code take effect at a later date, July 1, 2011. Watch for future
updates of state and third party programs realizing voluntary measures will
most likely become mandatory in the future.
2. Aggressive Submittal Requests
Whenever new versions of building codes are implemented,
there is a rush to submit projects to building officials before current codes
expire. With the many moving parts of green codes, and third party programs, great
care is needed. Watch for project owners pushing the project schedule including asking
consultants to skip over design features to expedite the submission process. This
strategy is risky in many ways; a building department cannot handle the rush of
submittals, if submittals are missing components, or not compliant with
green requirements, or unfinished, the building department may decline them.
The same project owner that asked for a favor for omitting design features may
come back and file a claim against the design professional for missing a target
date that increases time and cost of the project.
3. Project Classification
It is important to know which entities govern the
requirements for the project. That will be determined by the project
classification. For CalGreen, the first step is identifying if the building is classified
as residential or non-residential as provisions differ. The Department
of Housing and Community Development (HCD) is responsible for residential
projects and the Building Standards Commission (BSC) is responsible for
non-residential projects. Project classification within the building code determines the enforceable of green regulations.
4. Building and Planning Communication
Jurisdictions have and continue to create various policies and procedures
for managing green code compliance. It is necessary for the design
team to have early and close communication with local building and planning
departments identifying documentation requirements for submittals. Many programs are still in the development phase with jurisdictions deciding on methods, processes and
documentation requirements. One challenge is building departments typically
regulate projects from the time of permit application to the certificate of
occupancy. Under CALGreen regulations include items before the permit
application (e.g. re-use/recycling of land clearing debris) and after the
occupancy certificate (e.g. VOC limits on paints and coatings). Other questions include the preparation
of a commissioning plan; a requirement on all non-residential projects larger
than 10,000 square feet. Other concerns the potential conflict of interest of
inspectors and self-certifications made by contractors to meet CALGreen
verification requirements.
5. Green Design Documentation
Green design features on the plans and specifications are
needed, however documentation is also needed verifying meeting green requirements. For
CALGreen, the code mandates documentation for water consumption (baseline
and reduction due to green design measures), the Construction Waste Management
Plan, the Building Operation and Maintenance Manual, and other verifications
including special inspections, building material moisture content, installer
certificates, material certificates of compliance, system testing, and others. CalGreen,
standard forms have been created for documentation compliance.
6. Water Reduction Requirements
Water reduction is an obvious focus of green objectives. The CALGreen
building code identifies several water reduction requirements from construction
runoff, indoor and outdoor water usage, indoor moisture, and humidity. A
mandatory measure requires a 20% reduction of indoor water use for both
residential and non-residential projects. For compliance, the code requires
baseline water calculations in gallons usage per day based on standard plumbing
fixture types and use. Higher efficiency fixtures are then specified and
installed, which result in the required reduction. For outdoor water use,
projects need to provide water budget and compliance measures per the Model
Efficient Landscape Ordinance (MLO) adopted by each jurisdiction.
7. Construction Waste
Diverting construction waste from landfills is another
sustainable objective with contractors having primary responsibility. CALGreen requires a 50% reduction in construction waste and demolition debris. If a
jurisdiction has a more stringent ordinance, the code defers to local programs.
If a city does not have a construction waste ordinance, CALGreen requires
submittal of waste management documents to the building department for
approval. It is important to verify if local requirements are more restrictive
than state requirements. Procedures for waste diversion have been used for
years in many states. CALGreen provides a challenging regulation related to
site clearing and excavation. It is important for newly graded construction
sites to understand local jurisdiction requirements before soils are hauled
off-site or to a landfill along with documentation requirements.
8. Indoor Pollutant Controls
Green building objectives includes the reduction of indoor
pollutants for both residential and non-residential projects. CalGreen includes
provisions in sets of tables listing a wide range of materials used in the
construction industry; sealants, adhesives, coatings, floor
coverings, composite wood (non-structural), and other items. Indoor pollutant
control provisions focus on limiting the amount of emissions from volatile
organic compounds (VOC) and formaldehyde used in or on the buildings. The
intent is to reduce pollutants impact on occupants, installers, and neighbors.
For California, the Department of Housing and Community Development (HCD) is
developing documents and the Building Standards Commission (BSC) provides
self-compliance forms for indoor pollutant controls.
9. Building Maintenance and Operational (M&O) Manual
Building Maintenance and Operational Manual provide "how-to"
guides for owners and occupants on information on HVAC services and operations, and other requirements. CALGreen allows the jurisdiction to accept electronic or
internet-based information in lieu of printed material. The code requires the
developer to provide M&O information to the jurisdiction with
"directions to the owner or occupant that the manual shall remain with the
building throughout the life-cycle of the structure."
10. Commissioning Plans
Building commissioning has successfully improved efficiency
and energy savings by using a "whole project" approach. The
strategy can also reduced long-term utility and maintenance costs for building
owners. Building commissioning is used as a quality assurance process for documenting
how the project is meeting green objectives. For CalGreen, commissioning is
required for non-residential buildings larger than 10,000 square feet listing 7
items: (1) Owners Project Requirements (OPR), (2) Basis of Design (BOD), (3)
green measures shown in the construction documents, (4) commissioning plan, (5)
functional performance testing, (6) documentation and training, and (7)
commissioning report. The intent is a new building operates as the owner
intended, and that building maintenance staff have a reference to operate and
maintain the building systems properly. A commissioning report must be
submitted to the city as part of the approval process when the certificate of
occupancy is issued.
Please feel free to forward this newsletter to others who may be interested.
SmartRisk specializes in assessing and implementing tailored risk and performance management programs for firms. Please contact us if you have any questions or would like more information on our services.
Thank you.